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DAVIS v. NORTH CAROLINA DEPT. OF CORRECTION

No. 93-2640.

48 F.3d 134 (1995)

Carl D. DAVIS, Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1995.

Attorney(s) appearing for the Case

ARGUED: Abraham Penn Jones, Law Offices of Abraham Penn Jones, Raleigh, NC, for appellant. Valerie L. Bateman, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellee. ON BRIEF: Michael F. Easley, Atty. Gen., James Peeler Smith, Special Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellee. James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Sophia C. Goodman, Office of Gen. Counsel, E.E.O.C., Washington, DC, for amicus curiae.

Before LUTTIG and WILLIAMS, Circuit Judges, and CHASANOW, United States District Judge for the District of Maryland, sitting by designation.

Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILLIAMS and Judge CHASANOW joined.

OPINION

LUTTIG, Circuit Judge:

Appellant Carl D. Davis challenges the removal of his employment discrimination action from a state administrative agency in North Carolina to federal district court in the Eastern District of North Carolina. Because we conclude that removal was improper, we remand Davis' action to the district...

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